[jwalsh07]

The 14th Amendment was never intended to be applied to the establlishment clause as evidenced by the 16 attempts after it's ratification to amend the Constitution applying the First Amendment to the states. It failed every time, never got out of Congress.

[general_re]

The 14th Amendment was never intended to be applied to the establlishment clause...

Possibly. Kind of moot - it applies now.

I still believe that Lemon will be revisited - it's rather sloppy, which makes it potentially kind of draconian in the wrong hands. But I don't think that whatever replaces it will go far enough to protect what Judge Moore wants to do. Then again, who knows how things will turn out 40 years from now?